Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 6163 of 2018 Applicant :- Nanhey Lal And 9 Others Opposite Party :- Manisha Trighatia Counsel for Applicant :- Shri Krishna Mishra,Sharad Chand Rai
Hon'ble Prakash Padia,J.
Heard learned counsel for the applicants.
The applicants are before this Court for a direction to initiate contempt proceeding against the opposite parties for wilful disobedience of the judgement and order dated 23.11.2017 passed in Writ-A No. 44931 of 2017, which for ready reference is quoted as under:-
"Heard learned counsel for the parties.
The petition is being finally decided, on consent, without calling for counter affidavit, as per Rules of the Court.
State Government on 27 September 2011 notified recruitment of 72,825 Apprentice Teachers in Junior Basic School of the State from amongst candidates possessing Bachelor of Education Degree. The notification dated 23 August 2010 specified the minimum qualification at 50% marks at the graduation level, however, by the subsequent notification dated 29 July 2011, the aforesaid requirement was substituted requiring a candidate to possess graduate degree with at least 45% marks and one year bachelor of education in terms of National Council of Teachers Education issued from time to time. Petitioners have passed Teachers Eligibility Test. The State Authorities rejected the application of such candidates, including the petitioners, who do not possess minimum 45% marks at the graduate level. Though each of the petitioner were admitted to Bachelor of Education course as they possess more than 45% marks at Post Graduate level.
The matter was carried to this Court which was dismissed by the Division Bench being Writ-C No. 51474 of 2014 (Arun Kumar Nigam and others vs. State of U.P. and others) decided on 25 February 2015. The order of the Division Bench came to be challenged before the Supreme Court in appeal being Special Leave to Appeal No. 2014 of 2016, wherein, an interim order was granted, however, pursuant to the interim order, it is urged that petitioners were not given appointment. Finally, the appeal came to be allowed being Civil Appeal No. 9744 of 2017 (Arun Kumar Nigam vs. State of U.P. and others) on 27 July 2015. The benefit of judgment rendered in Civil Appeal No. 9732 of 2017 (Neeraj Kumar Rai vs. State of U.P. and others) decided on 25 July 2017 was extended to the petitioners. Operative portion of the order is extracted:
"In view of fair stand of learned Additional Solicitor General and the view of Rajasthan and Uttarakhand High Courts, we do not find any reason to deny similar relief to the appellants. No doubt, as rightly held by the High Court the NCTE ought to have issued a clarification by way of a supplementary notification but the NCTE may now do so within one month from today. Accordingly, we direct that if the appellants or any other similarly placed persons are entitled to any further relief in terms of judgments of Rajasthan and Uttarakhand High Courts, they will be at liberty to put forward their claim before the concerned authorities who may take a decision thereon in accordance with law within one month. We have not examined any such claim in these proceedings except what has been stated hereinabove.
The appeal stands disposed of accordingly"
Learned Senior Counsel would submit that the benefit of the judgment has not been granted by the State respondents to the petitioners, whereas, similarly situated persons pursuant to the interim order and after the final decision of the appeal, have been granted the benefit.
Learned Standing Counsel would submit that the grievance of the petitioners shall be considered by the State Government in terms of the decision rendered in Neeraj Kumar Rai (supra) and Arun Kumar Nigam (supra).
In regard thereto, without entering into the merit of the case, as well as, rival contentions raised by learned counsel for the respective parties, it is provided that the first respondent, Secretary, Department of Basic Education, Government of U.P., Lucknow, shall consider and decide the representation of the petitioners in terms of the decision rendered in Neeraj Kumar Rai (supra) and Arun Kumar Nigam (supra), expeditiously, preferably, within two months from the date of filing of certified copy of this order.
With the aforementioned observations/directions, the writ petition is finally disposed of."
Learned counsel for the applicants submits that a copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.
Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within two months from the date of production of a copy of this order.
The applicants shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within two weeks from today. The office shall send a copy of this order along with the self-addressed stamped envelope of the applicants with a copy of contempt application to the opposite parties within one week, thereafter and keep a record thereof. The opposite party shall comply with the directions of the writ Court and intimate the applicant of the order through the self-addressed envelop within a week, thereafter.
With the aforesaid observations, this application is disposed of at this stage with liberty to the applicant to move a fresh application, if the order is not complied with by the opposite parties within the stipulated time as aforementioned.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioners alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 25.10.2021 Puspendra